A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention / For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861

by L. E. Chittenden

Mr. BARRINGER:—This amendment brings up the very gist of the matter. The question of the right of our property to Federal protection is now an open one. In the case of the Creole it was settled by negotiation, and not by the courts. The question so often hinted at and suggested in this Conference is now fairly brought up for decision. Governor Chase struck at the very root of the matter the other day, when he said that slavery was an abnormal condition. He laid down the opinion of the North. He is a statesman and a lawyer. He says that slavery cannot exist anywhere until it is established or authorized by law. This is the Northern idea, and it is a technical one. I hate technicalities almost as bad as I do sectionalism. The North deals in both. I regret to speak in these terms of the North, but I must if I speak truth. Now, I will lay down what is the opinion of the South upon the subject. We say that the right to hold and use slave property, always, everywhere, exists until it is prohibited by law. We say that it is a natural right, which grows out of the very necessities of society. We hold that the condition of slavery is a normal condition—not local at all; that it is found everywhere, except where it is forbidden by law. We claim that the right to hold slaves is a natural right, recognized by the law of nations, and of the world. I am quite aware that the North does not agree with our opinion.

Mr. VANDEVER:—I would ask whether this normal condition is confined to the blacks, or does it extend to all races?

Mr. BARRINGER:—Most assuredly it is not confined to a single race. It extends to all races. Slavery of all races exists even in Europe.

Mr. FIELD:—Not now!

Mr. BARRINGER:—Perhaps not now, and why? For the reason that it has been abolished by law, as in the recent case of Russia. Slavery once existed in the Northern States. By law it was also abolished in those States. We say that when slave property is on the high seas it ought to be protected—the rights of the owner ought to be protected.

This question came up in the case of the "Amistead." Mr. Adams claimed that although these slaves were recognized by the laws of Spain as property, yet, when once upon the high seas, they were, by the law of nations, free, and these slaves have never been paid for to this day.

This amendment is highly important to the South. The concession we ask is no greater than has been made before. In the treaties of 1783 and 1815, slaves were to be protected as property.

Mr. WICKLIFFE:—I do not wish to nullify the action, or change the course of our Government on this question. Slaves upon the high seas have always been recognized as property. Look at the treaty of 1815. That recognized slaves as property, and those which were taken from the District were paid for. Adams, of Massachusetts, took the same ground now taken by the North. The Government took the opposite ground. The question was ultimately referred to the Emperor of Russia, who decided that property in slaves must be recognized by the law of nations, and sustained our view. Take the "Creole" case also. But I will not go over the ground. The "Amistead" case stood upon grounds which were entirely different.

But it is not necessary to put this amendment into the Constitution. The rights of the South in this respect are well enough protected now.

Mr. GRANGER:—I regret that the distinguished gentleman from Virginia has again raised a question which was decided against him by a large majority in the Conference a few days ago.